DISCHARGE, SUSPENSION OR OTHER DISCIPLINARY ACTION Sample Clauses

DISCHARGE, SUSPENSION OR OTHER DISCIPLINARY ACTION. Section 1. The Company has the right to make and enforce reasonable Com- pany rules which do not conflict with the provisions of this Agree- ment. All such rules must be posted for six (6) days before becom- ing effective, and the Union is to be furnished a copy of such rules. The Union reserves the right to challenge any such proposed rules within the six (6) day period. Failing to agree such rules may be submitted to the grievance procedure for decision. All company employees violating the following Company rules shall be subject to discharge: 1. Theft of Company property. 2. Drinking or being under the influence of alcoholic beverages or narcotics while on duty. 3. Failure to report a vehicular accident which the employee would normally be aware of. 4. Being under the influence of alcoholic beverages or narcotics on Company property after being asked to leave in the presence of a xxxxxxx if one is on duty. 5. Immoral or indecent behavior. 6. Willful destruction of Company property or equipment. 7. Gambling on Company property. (Agreed with the understanding that “gambling shall not be inter- preted to mean flipping coins for coca cola, coffee, or the like or a simple pool on the World Series Baseball Games.) 8. Engaging in physical violence while on Company property or while on duty, to the employee who initiates such action. 9. Carrying of unauthorized passengers. 10. Willfully falsifying own or other employee’s time or rate card. 11. Failing to fulfill responsibilities by intentionally sleeping on duty. 12. Violation of Article 35, Section 3. 13. The carrying of any firearm(s) on Company property or equip- ment (except in the employee’s personal vehicle). Section 2. The Company shall not discharge nor suspend any employee with- out just cause, but in respect to discharge, except those set forth above, and suspension except as set out in Rule 21, shall give at least one warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union. It shall not be cause for discharge or suspension if any employee is not legally qualified to drive on a road call. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warning notice. Suspensions other than for offenses enumerated in Section 1 of this Article will not be implemented if a timely protest is made until such time as the Union and Employer agree the suspension is ap- propriate or until...
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DISCHARGE, SUSPENSION OR OTHER DISCIPLINARY ACTION. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one warning notice of the complaint against such employee to the employee, in writing, and a copy of same emailed to the Union affected, excepting that no warning notice need be given to an employee before discharge if the cause of such discharge is dishonesty, drinking of, or being under the influence of alcoholic beverages while on duty, use of narcotics (as prescribed by the Pure Food and Drug Act), barbiturates, or amphetamines while on duty, violation of Article 35, Section 3, willful damage to company property or equipment, or engaging in physical violence while on company property or on duty, to the employee who initiates such action, recklessness resulting in serious accident while on duty, the carrying of unauthorized passengers or failure to report a serious accident or one which the employee would normally be aware of, the carrying of any firearm(s) on Company property or equipment (except in the employee’s personal vehicle). Discharge or suspension must be by proper written notice to the employee and emailed to the Union affected. Warning notices shall have no force or effect after nine (9) months from the date thereof. No employee shall be disciplined for “excessive personal time” while working on the dock based solely on data received from informational technology. The Employer may use video, still photos derived from video, electronic tracking devices and/or audio evidence to dis11cipline an employee without corroboration by observers if the employee engages in conduct such as dishonesty, falsification of logs, records, claims for compensation and other documents, theft of time or property, vandalism, or physical violence for which an employee could be discharged without a warning letter. If the information on the video, still photos, electronic tracking devices and/or audio recording is to be utilized for any purpose in support of a disciplinary or discharge action, the Employer must provide the Local Union, prior to the hearing, an opportunity to review the evidence used by the Employer. Suspensions other than for offenses enumerated in this Article will not be implemented, if a timely protest is made, until such time as the Union and Employer agree the suspension is appropriate or until after the Carolina Bi-State Grievance Committee makes a final determination. Any employee discharged away from his h...
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DISCHARGE, SUSPENSION OR OTHER DISCIPLINARY ACTION. The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of the complaint against such employee to the employee, in writing, and a copy of the same to the Union affected, except that no warning notice need be given to an employee before he is discharged if the cause of such discharge is dishonesty, drinking of or being under the influence of alcoholic beverages or drugs during working hours, including meal period, possession of controlled substance(s) on company property, or alcohol and drug use as provided in Article 35 of the ABF National Master Freight Agreement and the decision of the ABF National Grievance Committee referenced therein, or subject to call at away-from-home terminal, or recklessness resulting in serious accident while on duty, the carrying of unauthorized passengers or failure to immediately report a serious accident or one which employee would normally be aware of (“Immediate” means the scene of the accident or the nearest telephone), or engaging in physical violence while on Company property or on duty to the employee who initiates such action, or proven willful damage to equipment or Company property, or proven sexual harassment of any person, or the carrying of firearms on Company property or equipment (except a legitimate hunting rifle or shotgun cased and secured out of sight in the employee’s personal vehicle in accordance with law.) Discharge or suspension must be by proper written notice to the employee and the Union affected. “Proper written notice” as used herein shall be notice in writing stating the action taken, and shall identify the Article of this Agreement under which such action is taken and/or include a statement of facts which justify the action taken. Any such notice shall be deemed as having been given on the date of its postmark if sent by certified mail, or on the date of its delivery if delivery is made by any means other than certified mail.
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DISCHARGE, SUSPENSION OR OTHER DISCIPLINARY ACTION gross earnings and an itemized statement of all deductions made for any purpose. In the event the Company elects to establish a longer pay period, it agrees to establish a payroll period commencing at 12:01 A.M. Sunday and terminating at 2400 hours Saturday. The payday for such payroll period will be advanced one (1) day each week until the second Thursday following the close of the payroll period. Checks will be distributed at 12:01 A.M. on Thursday if available. If the checks are not available by 9:00 A.M. on Thursday, the Company will issue a draft to any employee upon request. The employee that gains seniority on or after April 1, 2008 will be required to participate in the direct deposit/debit card program supplied by the employer. Those employees that gained seniority prior to April 1, 2008 may voluntarily participate in the direct deposit/debit card program.
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DISCHARGE, SUSPENSION OR OTHER DISCIPLINARY ACTION 
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Related to DISCHARGE, SUSPENSION OR OTHER DISCIPLINARY ACTION

  • Right to Grieve Other Disciplinary Action (a) Disciplinary action grievable by the employee shall include written censures, letters of reprimand and adverse reports or employee appraisals. (b) An employee shall be given a copy of any document, report, incident, or notation placed on the employee's file which might be the basis of disciplinary action. (c) Should an employee dispute any such entry in her file, she shall be entitled to recourse through the grievance procedure and the eventual resolution thereof shall become part of her personnel record. (d) Upon the employee's written request, any such document, other than official evaluation reports, shall be removed from the employee's file after the expiration of eighteen (18) months from the date it was issued provided there has not been a further infraction. (e) The Employer agrees not to introduce as evidence in any hearing any document from the file of an employee, the existence of which the employee was not aware at the time of filing

  • No Disciplinary Action No Employee shall be discharged, penalized, disciplined or threatened for acting in compliance with the OHSA, its regulations and codes of practice and environmental laws, regulations or codes of practice, nor shall an Employee acting in compliance be intimidated or coerced.

  • Unjust Suspension or Discharge Should it be found upon investigation that an employee has been unjustly suspended, discharged or disciplined, such employee shall be immediately reinstated in his/her former position, without loss of seniority, and shall be compensated for all time lost in an amount equal to his/her normal earnings plus interest, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or in the opinion of the arbitrator if the matter is referred to such arbitrator.

  • Notice of Disciplinary Action The Employer shall advise an Employee in writing of any disciplinary action taken including, but not limited to warning, reprimand, suspension, discharge or termination and the reasons in full for such action, at the time of taking any such action. The Employer shall also promptly provide the Union with a copy of each such disciplinary notice. If the matter is grieved by the Union, or otherwise litigated in any manner, the Employer shall be limited to those grounds (reasons) specified in the disciplinary notice for the action(s) taken.

  • Disciplinary Action (A) An employee who has attained permanent status in his current position may be disciplined only for cause. (B) An employee who has not attained permanent status in his current position shall not have access to the grievance procedure in Article 6 when disciplined. (C) Each employee shall be furnished a copy of all disciplinary actions placed in his official personnel file and shall be permitted to respond thereto. (D) An employee may request that a PBA Staff Representative be present during any disciplinary investigation meeting in which the employee is being questioned relative to alleged misconduct of the employee, or during a predetermination conference in which suspension or dismissal of the employee is being considered. (E) Letters of counseling or counseling notices are documentation of minor work deficiencies or conduct concerns that are not discipline and are not grievable; however, such documentation may be used by the parties at an administrative hearing involving an employee’s discipline to demonstrate the employee was on notice of the performance deficiencies or conduct concerns. (F) If filed within 21 calendar days following the date of receipt of notice from the DHSMV, by personal delivery or by certified mail, return receipt requested, an employee with permanent status in his current position may appeal a reduction in base pay, involuntary transfer of over 50 miles by highway, suspension, demotion, or dismissal to the Public Employees Relations Commission under the provisions of section 110.227(5) and (6), F.S. In the alternative, such actions may be grieved at Step 2 and processed through the Arbitration Step without review at Step 3, in accordance with the grievance procedure in Article 6 of this Agreement. The DHSMV may have special compensatory leave equal to the length of a disciplinary suspension deducted from an employee’s leave balance in lieu of serving the suspension. An employee may indicate his preference as to whether to serve the suspension or to have special compensatory leave deducted, which preference shall be taken into consideration by the DHSMV in making its decision. If the employee does not have sufficient special compensatory leave, annual leave may be deducted. If there is not sufficient special compensatory or annual leave, the remainder of the period will be leave without pay. Employees from whom leave is deducted will continue to report for duty. The employee’s personnel file will reflect a disciplinary suspension regardless of whether the employee serves the suspension or has leave deducted. (G) Oral reprimands are not grievable. A written reprimand shall be subject to the grievance procedure in Article 6 if the employee has attained permanent status in his current position; the decision is final and binding at Step 2.

  • Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.

  • Disciplinary Actions Disciplinary Actions and Appeals shall be governed by SP&P, TSHRS regulations and TSHRS Disciplinary Action Policy 7G.l.

  • Discharge Grievance (a) An employee shall only be discharged from the employment for just cause, except that an employee who has not completed the probationary period may be released based on a fair and proper assessment against reasonable standards of performance and suitability. An allegation of action contrary to this clause may be taken up as a grievance. As a good labour relations practice, the Home agrees to provide written reasons within seven (7) calendar days to the affected employee in the case of discharge or suspension. (b) Such grievance shall proceed directly to Step No. 1 of the grievance procedure and must be presented in writing, dated and signed within ten (10) days following the discharge. (a) If an employee is to be reprimanded or disciplined, she may have a Union Representative present if she so requests. (b) If an employee is to be suspended or discharged, the Employer shall notify her of this right prior to the outset of the meeting. (c) The Union Representatives undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Representative is unavailable, the Union Representative shall provide an alternate representative.

  • DISCHARGE OR SUSPENSION 10.1: The parties agree that the employees covered hereby will not be subject to discharge solely because of political reasons. Further, the Union recognizes and respects the statutory rights of the County and Sheriff; and the Employer recognizes and respects the statutory rights of the employees. 10.2: The Sheriff and/or his designate shall not discharge or suspend any employee without just cause. Any violation(s) which warrants a suspension shall be in writing. One (1) copy will be given to the employee, one (1) copy will be forwarded to the Union, one (1) copy will be forwarded to the Personnel Director by the Sheriff, and the Sheriff will retain the original. An error in furnishing copies shall not affect the merits of the discipline. Suspension notices shall remain in effect for a period not to exceed fifteen (15) calendar months from the date of the suspension notice. Any employee receiving three (3) suspension notices within fifteen (15) calendar months may be discharged with cause; however, this shall not be construed as requiring a specified number of suspension notices before discharge may be imposed. 10.3: All suspensions and/or discharges issued by designates of the Sheriff shall be reviewed by the Sheriff or his designee within twenty-four (24) hours following the suspension and/or discharge. If, in the opinion of the Sheriff, the suspension or discharge was unwarranted, the employee shall be reinstated in his position without loss of seniority or wages for the period of his discharge or suspension. 10.4: In the event an employee is accused and/or charged with an offense or with acts of misconduct that involve possible criminal action, the employee shall not be required to make any statements concerning the alleged offense without: A. Having a Union representative present, or, B. Without being presented with a written charge. Such written charges shall be provided as soon as possible but not more than seventy-two (72) hours subsequent thereto. The meeting with the Sheriff or his designated representative shall then be held as soon as possible but not more than forty-eight (48) hours after receiving the written charges. The employee against whom charges have been made may be represented at such meeting by a xxxxxxx or any Union member of his own choosing. 10.5: The Employer shall provide to an employee civil legal counsel necessary to cover any civil litigation arising out of the good faith performance of the officers duties by any law enforcement officers covered by this Agreement. The Employer will not provide legal assistance in defense of violations to the statutes or any ordinances, state, federal or local, allegedly committed by any law enforcement officers covered by this Agreement. The Employer shall not provide legal assistance for any alleged criminal misconduct of an officer at any time.

  • DISCHARGE AND DISCIPLINARY ACTION 10.01 A claim by an employee that he has been discharged or suspended, without just cause, shall be a proper subject for a grievance. Such a grievance shall be submitted in writing to the Employer at Step Two within ten (10) working days after the employee receives notice that he has ceased to work for the Employer or has been notified of the suspension, as the case may be. Notwithstanding the time limits contained in Article 9.03 Step Two, the Parties will meet in attempt to resolve the grievance within five (5) working days of said grievance being filed at Step Two. 10.02 It is understood that an employee has the right to Union representation by a shop xxxxxxx or other Union Officer when discipline is given. The Employer shall send a copy of any written discipline to the Union. Should the Employer fail to provide a copy of the discipline, the timelines found in Article 9.03 shall be waived. 10.03 All disciplinary notices on an employee's record shall be removed after fifteen (15) months. 10.04 A claim of suspension or discharge may be settled by confirming the Employer's action or by reinstating the employee with full seniority and compensation for lost time, or by any other arrangements as to compensation or reinstatement which is just and equitable in the opinion of the conferring Parties, or in the opinion of the arbitrator. 10.05 It is clearly understood between the Parties that Probationary Employees may be discharged for reasons less serious in nature than employees having attained proper seniority standing. 10.06 An employee shall be granted access to his personnel file on demand at a convenient time and, if the employee wishes, in the presence of a Union Officer or Union Staff Representative.

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